Water Regulation 2002
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Queensland Water Act 2000 Water Regulation 2002 Current as at 1 July 2016 Queensland Water Regulation 2002 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title . 9 2 Commencement . 9 3 Definitions . 9 Division 2 Watercourse identification and outer bank location Subdivision 1 Preliminary 3A Purpose of div 2 . 10 3AB Meaning of terms used in div 2 . 10 Subdivision 2 Supporting provisions 3AC Diagram depicting different valley reaches . 10 3AD Explanations and accompanying cross-section diagrams for typical upper valley reach . 10 3AE Explanations and accompanying cross-section diagrams for typical middle valley reach . 11 3AF Explanations and accompanying cross-section diagrams for typical lower valley reach . 11 3AG Additional information about applicability of cross-section diagrams 12 3AH Explanation about valley margins . 12 3AI Explanation about terraces . 13 Part 2 Allocation and sustainable management Division 1 Authorised taking of, or interference with, water without water entitlement 3B Prescribed activities for general authorisation to take water . 13 Division 1B Implementing water resource plans 3E Water allocations register—Act, s 127 . 14 4 Locations of offices of the registry—Act, s 148 . 14 5 Documents that may be lodged in the registry—Act, s 148 . 14 Water Regulation 2002 Contents Division 1C Processes for releasing unallocated water 5A Public auction, tender, fixed price sale or grant for a particular purpose— Act, s 1014(2)(gb) . 15 5B Public notice of availability of water . 15 5C Terms of sale or grant . 16 5D Failure to complete purchase . 16 5E Selling water after auction or tender process . 17 5F Sale of water may be withdrawn . 17 Division 2 Interim allocation and management arrangements 7 Entities—Act, ss 190 and 193 . 17 Division 3 Water licences 14 Entities—Act, ss 206 and 213 . 17 14A Water licence fee . 18 15 Seasonal water assignments and rules—Act, s 230 . 18 Division 3A Transfer, amendment or amalgamation of water licences—Act, s 223 Subdivision 1 Particular water licences may be transferred etc. 15AA Particular water licences may be transferred, amended or amalgamated . 19 Subdivision 2 Process for dealing with application 15A Purpose of sdiv 2 . 20 15B Definitions for sdiv 2 . 20 15C Application to transfer, amend or amalgamate water licences . 21 15D Additional information may be required . 22 15E Criteria for deciding application . 22 15F Deciding application . 23 15G Intention to proceed . 23 15H Completion of transfer, amendment or amalgamation . 24 Division 5 Quarry materials 17 Royalty for State quarry material—Act, s 292 . 25 Division 6 Water bore drillers 18 Classes of licence—Act, s 299 . 25 19 Water bore driller’s licence endorsements—Act, s 299 . 25 20 Qualifications or experience for class 1 licence—Act, s 299 . 26 21 Qualifications or experience for class 2 licence—Act, s 299 . 28 22 Qualifications or experience for class 3 licence—Act, s 299 . 29 Page 2 Water Regulation 2002 Contents 23 Conditions of water bore driller’s licence—Act, s 302 . 31 24 Records of water bores drilled—Act, s 313 . 32 Part 2A Annual levy for underground water management—Act, section 479 Division 1 Preliminary 24E Purpose and explanation of pt 2A . 33 24F Definitions for pt 2A . 34 24G Office’s estimated costs . 34 24H Relevant sub-blocks and classes of relevant sub-blocks . 34 Division 2 Working out annual levy 24I Amount of total annual levy . 36 24J Apportionment of office’s estimated costs to each relevant sub-block 36 24K Apportionment of annual levy among petroleum tenure holders . 37 Division 3 Collecting annual levy 24M Requirements for notice of annual levy . 37 24N Payment of annual levy . 38 Part 3 Water supply arrangements for SEQ Region 25 Declaration of bulk water customers—Act, s 360C . 39 Part 4 Water authorities Division 1 Establishment 31 Water authorities established—Act, s 548 . 39 Division 5 Amalgamation, dissolution and related matters 48AAA Amalgamation of East Euramo Drainage Board and Orchard Creek Drainage Board and authority areas—Act, s 690 . 39 48AAB Amalgamation of North Burdekin Water Board and South Burdekin Water Board and authority areas—Act, s 690 . 40 48AAC Interim board administration of Lower Burdekin Water—Act, s 602(5) . 40 48AB Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691 . 41 48ABA Distribution contract applying for particular water allocations—Act, s 691A . 41 48AC Approval of relevant transfer agreement—Act, s 700A . 41 48AD Dissolution of Smithfield Drainage Board after transferring its functions to Cairns Regional Council—Act, s 691 . 42 48B Dissolution of Taberna Bore Water Board and appointment of chief executive to perform functions—Act, 691(1)(d) . 42 48C Dissolution of water authority area shown on plan AP4041 . 42 48D Dissolution of water authority and authority area—Act, s 691 . 42 Page 3 Water Regulation 2002 Contents Part 5 Investigations, enforcement and offences 50 Excavating or placing fill in a watercourse, lake or spring—Act, s 814 . 43 52 Requirements for decommissioning a water bore—Act, s 817 . 43 Part 6 Miscellaneous provisions 52AAA Prescribed purpose for which constructing authority may take water— Act, s 20C(3)(b) . 44 52AAB Prescribed conditions on taking water by constructing authority—Act, s 20C(3)(c)(i) . 44 52AA Definition relevant customer . 44 52AB Cancellation of approved water efficiency management plan . 45 52A Authorised taking of water—Act, s 808 . 45 53 Drainage rates—Act, s 993 . 46 55 Water declared to be water in a watercourse—Act, s 1006(2) . 46 56 Water management areas . 47 57 Changing boundaries of water management areas . 47 58 Charges for water allocated, supplied or taken—Act, s 1014 . 48 59 Minimum charge . 48 60 Notice for payment of charges . 49 62 Code for self-assessable development—Act, s 1014 . 50 62A Accounting period—Act, sch 4, definition water year . 50 62B Prescribed volume of material for fill—Act, sch 4, definition levee 51 62C Construction of new levees and modification of existing levees . 51 62D Code for IDAS for development applications for construction or modification of particular levees—Act, s 967(3)(b) . 52 63 Fees . 53 64 Water sharing rules . 53 65 Nominal entitlement . 54 66 Announced entitlement . 54 67 Annual entitlement . 56 Part 7 Metering Division 1 Preliminary 68 Purpose of pt 7 . 56 69 How purpose is to be achieved . 56 70 Definitions for pt 7 . 57 Division 2 Metered entitlements 71 Approved meter—Act, sch 4, def approved meter . 58 Page 4 Water Regulation 2002 Contents 72 Metered entitlements—Act, sch 4, def metered entitlement . 60 73 Chief executive may give meter notice to holder of authorisation or owner of works . 61 Division 3 Validation of meters 74 Appointment and qualifications of authorised meter validator . 62 75 Installed or maintained meter not approved meter unless validated 62 76 Existing meter not approved meter unless revalidated by revalidation date . 63 77 Holder of metered entitlement or owner of works may arrange validation inspection on a meter . 64 Division 4 Reading meters 78 Chief executive may require meter reading by holder of metered entitlement or owner of works . 65 79 Meter reading by chief executive . 65 Division 5 Charges 80 Meter operating charge—Act, s 1014 . 66 80A Meter use charge—Act, s 1014 . 67 80B Metering exit charge—Act, s 1014 . 69 Division 6 Ownership 80C Ownership of meters . 69 80D Transfer of approved meters that are the property of the State . 70 80E Approved meter that does not comply with non-urban metering standard may stop being approved meter . 72 Division 7 Miscellaneous 81 Specifications issued by chief executive . 72 Part 8 Desired level of service objectives and water security program Division 1 Definitions for part 8 82 Definitions for pt 8 . ..